Chino, CA asked in Employment Law for California

Q: Can my CA employer deduct $20 from my paycheck everyday I take my lunch break later than 5 hours after starting?

The line on the paycheck states "MEAL VIOLATION $20.00" and is considered an 'Adjustments or Deductions" on the paystub.

It should be noted that the lunch period is not being obstructed by the employer in anyway.

I work as a selector for a national food distribution chain. My position is covered by a union (SEIU I believe). We get a 45 minute unpaid lunch break for the first 8 hours of work.

The reason for not taking the break at the 4.5 hour mark of the shift is that it often happens to occur when I'm at the opposite end of the building from where the time machines and lunch room is located. It also makes charging my equipment easier when we all do not need to use chargers at the same time.

The lunch break is completed no later than 6 hours after the start of my shift (start at 12PM and usually take my 30 minute lunch before 5:30PM).

Shifts worked are on a 4/10 basis but individual shifts are usually 10 - 14 hours.

It just does not seem right to be fined for this

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3 Lawyer Answers

A: It isn't right. Your employer can NEVER punish or discipline you in any way by taking money away from you. The employer can terminate you, suspend you, write you up and other types of discipline, but it may not fine you for breaking a rule.

Good luck to you.

1 user found this answer helpful

A: Your employer can not legally "fine" you or deduct money from your paycheck as a form of discipline. However, your employer can discipline you by writing you up, suspend, demote you or even terminating you for not following legal company instructions.

1 user found this answer helpful

James L. Arrasmith
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Answered

A: Under California law, employers are generally required to provide non-exempt employees with a 30-minute uninterrupted meal period for every five hours of work. If an employer fails to provide a meal break within this time frame, they may be required to pay the employee one additional hour of pay at their regular rate.

However, it is not legal for an employer to deduct money from an employee's paycheck as a penalty for taking a late lunch break. If you are taking your lunch break within six hours of starting your shift, your employer is likely not in violation of California law.

If your employer is deducting $20 from your paycheck for taking a late lunch break, you may have grounds to challenge the deduction and seek to have the money reimbursed. You should first bring the issue to your employer's attention and request that they stop the deduction. If your employer does not comply, you may need to file a wage claim with the California Division of Labor Standards Enforcement.

Additionally, if you are covered by a union, you may be able to file a grievance with your union representative and seek assistance in addressing the issue.

It's important to note that wage and hour laws can be complex, and the specifics of your situation may affect your rights and options. If you have any questions or concerns about your employer's deductions from your paycheck, you should consult with an experienced employment law attorney for guidance.

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